submitted to prof. manjula batra | LAW OF TORTS PROJECT | VICARIOUS LIABILITY | | | SUBMITTED BY:VAIBHAV PRATAP SINGHFIRST SEMEMSTER‚ 2012BA.‚ LL.B. (HONS.) | | ACKNOWLEDGEMENT I would take this opportunity to thank the people who helped me in making this project which has been a learning experience. In that endeavour‚ first and foremost I would express my gratitude toward my professor of Law of Torts Ms Manjula Batra. Her immense knowledge and teaching skills along with her helping disposition
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Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability‚ relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor‚ the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ‘vicarious
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Vicarious Liability Monday‚ January 12‚ 2015 10:00 PM Vicarious Liability is where one person is held liable for the torts of another. This is usually where an employer is liable for the torts of employee. For the employer to be liable: i) A tort‚ (such as negligence‚ battery or even in breach of statutory duty (Majrowski v Guys and St Thomas’s NHS Trust 2007)) ii) committed by his employee‚ iii) during the course of employment. • Original defendant (employee) must be liable in tort first Prepared
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Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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DEFENITION: STRICT LIABILITY RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS EXCEPTIONS BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g.‚ The defendant is liable to the neighbor
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Topics in Criminal Law May 25‚ 2010 Abstract Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. Strict liability offenses make it a crime simply to do something‚ even if the offender has no intention of violating the law or causing the resulting harm. Strict liability is based philosophically on the presumption that causing harm is in itself blameworthy regardless of the
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understanding of and actually saw the agreement. WIRETIME definitely interfered with the agreement and created losses because of training an alternative for Janet. Scenario: WIRETIME‚ Inc. (Steve and Walter) Discuss any liability BUGusa‚ Inc. may have for Walter’s actions. The kind of liability to BUGusa in this situation is known as Scope of employment. In this case‚ the security guard carried out the tort of False Imprisonment on Steve. Though Steve wasn’t behaving appropriately‚ neither was Walter
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What is ethics? ethics is critical‚ structured examination of how individuals and institutions should behave when their actions affect others “critical”: it is about more than just describing existing patterns of behaviour “structured”: it is about more than institutions‚ gut reactions; it is about providing reasoned arguments for why we should or should not behave certain ways Examples of Ethical Statements “I stopped to help at the accident scene because it was the right thing to do” “It
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I. DEFINITION: A tort is a civil wrong beyond a breach of contract for which the law provides redress. A. The law of torts focuses on private right of redress. The aggrieved party sues in tort to recover damages for the harm caused by her defendant. Contrast this to criminal law where the State‚ through government-employed prosecutors‚ pursues the action and extracts the punishment. B. LAWS come from 3 sources: i. Constitution ii. Statutory Law iii. Jurisprudential (or common law)
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TORT‚ PRODUCT LIABILITY‚ INTELLECTUAL PROPERTY‚ CRIMINAL and PROPERTY LAW CASE ANALYSIS TORT CASE OVERVIEW LEGAL ASPECTS 535 PROFESSOR T. RICE MEMORANDUM TO: Professor T. Rice FROM: RE: Denny v. Ford Motor Company (Tort Law) FILE: Court of Appeals of New York‚ 1995 639 N.Y.S. 2d 250 DATE: April 6‚ 2014 Conclusion: Nancy Denny (Plaintiff) was driving her Ford Bronco II in June of 1986‚ when she slammed on the brakes to avoid hitting a deer that had walked in front of her vehicle
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